The Protection of Bats During Construction Works
Posted on 29th August 2024 at 15:38
Bats are a protected species under the Conservation of Habitats and Species Regulations 2017. If any bats are found on sites prior to works or demolition, they must be kept safe at all times.
Activities such as renovating, converting or demolishing buildings are activities that can harm bats.
It would be breaking the law if any of the following were to occur on site:
• The deliberate capturing, injuring or killing of any bats
• The damaging or destruction of a breeding or resting place
• Obstructing the access to the resting place or sheltering place
• The possession, selling, controlling or transportation of live or dead bats
• Intentionally or recklessly disturbing bats while it’s in a structure or any place of shelter and protection
If any of these were to occur and you are found guilty, this can result in:
• Up to 6 months imprisonment
• An unlimited fine

There are several species of bats listed under rare and threatened species under Section 41 of the Natural Environment and Rural Communities Act (2006). Therefore, conserving these species must be adhered to as part of planning decisions before works. With the developer ensuring the legal protection of bats.
If bats are discovered in a building site, a survey must be conducted to assess how they are using the area and what can be done to avoid harming them. A survey can also be conducted in buildings to check for the presence of bats beforehand, including if there are any records of a pre-existing indication of their presence. If harming bats or their habitat can’t be avoided, a mitigation licence can be applied for from Natural England. Means to avoid harming bats can be handled by avoiding bat roosts, changing the times of works and the methods of work conduct. Reallocation of bat habitats must be agreed with the Natural England representative.
What Can We Learn From This?
• Bats are protected by law and must be protected when found in a building
• Not adhering to protecting bats can lead to serious legal consequences
• A survey can be used to assess the presence of bats
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